|Intoxilyzer 8000 | Plug Pulled
Intoxilyzer 8000 cases have been attacked when DUI Defense Counsel found that during mandatory testing of the machines, technicians were violating test protocols, when they unplugged the machines when test results were not going according to plan. The testing / inspection is designed to determine the accuracy of a breath test. Generally these tests are conducted monthly and annually.
When the Plug was Pulled During Testing / Inspection, one court ruled, “Based on evidence that is now before the Court, including the Affidavit of Thomas E. Workman, Jr., this Court finds that on October 19, 2006, three months before the Defendant’s breath test, Dwite Hackney, an FDLE employee performed a Department Inspection on Intoxilyzer, serial number 80-000869 where he pulled the plug on the machine while it was going through the testing mechanism.” Beyond that the court found, “Since the time that the Defendant initially plead and was sentenced, the issue of the plug pulls have been the subject of extensive litigation before the Honorable County Court Judge, Peary S. Fowler who has entered an order finding that the plug pulls were contrary to FDLE rules and may well have effected the veracity and admissible of the intoxilyzer results.”
We remain concerned that the rules are not being followed and officials are thwarting the inspection process. Glad this Judge saw through the efforts to hide inaccuracies in the testing process. By the way, this Judge allowed the defendant to withdraw his previous Plea to the DUI charge. The court concluded, “The evidence before this Court is that an employee of FDLE, Sandra Veiga did not follow the rules and regulations and that she was terminated as a result of her actions. There is now evidence that another FDLE employee, Dwite Hackney, engaged in the same conduct as Ms. Veiga.” The court finally ruled that “the Defendant’s entire sentence which was imposed upon her by this Court is hereby vacated and set aside and the Department of Highway Safety and Motor Vehicles – Division of Driver Licenses shall reinstate the Defendant’s driver’s license”
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Intoxilyzer 8000 | Plug Pulled
Source: 17 Fla. L. Weekly Supp. 212a